FROM CESA'S DESK...

Transfers & Postings : There is rising anxiety among the officers about the annual general transfer (IZT/ICT). The delegation of CESA-Mumbai met the CC, Central Excise Zone-I and Service Tax Zone and were requested to convene a meeting for carrying out minor amendments to the Transfer & Posting Policy for more clarity and smooth implementation. About the officers posted on loan basis, it is learnt that the jurisdiction of CCA, Mumbai, as allocated by the Board, vide its letter dated 09-Sep-2014, for posting officers on loan basis is only for DGRI, DGCEI, DGICCE, DG(Audit), CESTAT, NACEN, DG(Systems), DGST, DG(Valuation), DG(Vigilance) and TAR(now renamed as DGTS). Total 92 Supdts., 128 Inspectors. However, several officers of Mumbai cadre are posted on loan basis beyond the prescribed formations when Mumbai zone is facing acute shortage of staff in both the cadres, i.e. Inspectors and Supdt. Hence, CESA-Mumbai suggests that officers posted out of Mumbai be brought back and the tenure of loan posting be reduced to one year and while posting the officers to the above mentioned organizations, a policy may be framed.

Officers are requested to submit their representations for change of Zones/Commissionerates etc., through proper channel at the earliest.

Joint meeting with both the CC of CX Zones and ST Zone, along-with the staff associations, is likely to be scheduled at the end of May-2016 for making minor amendments to the Transfer & Posting policy. Thus, the AGT is likely to be issued in the 2^nd week of June-2016. The representation of CESA-Mumbai is annexed.

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  Ref: CESA/15/2016

Date: 18-May-2016.

To,

The Hon’ble Chief Commissioner,

Central Excise, Mumbai Zone-I.

Respected Sir,

Sub : Request for amending the Transfer & Posting policy of Grp-B Gazetted & Non-gazetted officers – Reg.

CESA, Mumbai, expresses its gratitude for granting us an audience on 17-May-2016 in this regard.  In continuation to the above, as apprised, to bring more clarity and for the smooth implementation of IZT/ICT, CESA-Mumbai suggests the following minor amendments to the existing transfer & posting policy.

a)   Computation of Tenure is to be taken on Order-to-Order basis, ie. ICT to ICT & AGT to AGT.

b)   The tenure in an Audit Commissionerate is to be 2 years, i.e. in Central Excise Audit / Service Tax Audit / LTU-Audit.

c)   The tenure in a Commissionerate should be equally divided between HQ, Division & Range, (i.e. all postings should not exceed 1 year) except when posted to Anti-evasion/Preventive section, where the tenure will be maximum of 2 years. Similarly, in Service Tax, the officer should be rotated annually between HQ, Division & Circle, except when posted to Anti-evasion/Preventive section, where the tenure will be maximum of 2 years.

d)   Officers attaining the age of 57 years should not be posted to LTU-Mumbai/LTU-Audit.

e)   The officers of Central Excise Zone-I & II, on completion of their tenure in ST Zone, should be posted to a Central Excise Zone on the basis of their request/option.

f)    As on date, we are facing an acute shortage of staff in all the cadres and formations, hence, loan postings apart from the prescribed CCA Zone should not be entertained.  All those officers who have been posted out on loan basis of our CCA Zone should be brought back.

g)   All officers on deputation to DRI/DGCEI etc., who have completed their tenure and subsequent extensions granted to them, should be repatriated without any exceptions.

Apart from the above, in this regard, there may be other issues also. Hence a joint meeting with all the Mumbai Zonal CCs & the Inspectors Association may be convened at your convenience. CESA, Mumbai, will extend it the maximum support in this matter.

Thanking you,

               Yours sincerely,

               A.K. SASMAL

                General Secretary

Copy to : Chief Commissioner, Mumbai Service Tax Zone – For kind information & also request to instruct the Administration to provide the data of the officers to CCA for issuance of IZT/ICT on time.

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MACP – Mumbai cadre controlling authority issued MACP orders bearing no. 52 to 57/2016 dated 11.05.2016 for all the cadres i.e. Inspector, Superintendent and Administrative Officers for 10, 20 & 30 years. In the said order names of several officers have not appeared as the respective Administrations have failed to submit the requisite data to the Cadre Control Authority. However, the Cadre Control has agreed to hold another SCM within one month for considering the left out cases as well as cover all the officers who have completed 10, 20 & 30 years of regular service upto 31.03.2017. Officers are requested to ensure that their names are included in the reports sent by their Commissionerates.

Anomalies in grant of MACP :   On the issue of grant of 3^rd financial up-gradation under the MACP, the DoPT has rejected the Ministry’s contention of extension of benefits to all similarly placed officers as per the decision of the Hon’ble Chennai High Court in the case of Shri R. Chandrashekaran. The High Court had directed DoPT to formulate a policy on the issue and the same has been finalised by the DoPT. The Ministry has once again referred the matter to DoPT since they have accepted the grant to Shri R. Chandrashekaran but not to other similarly placed officers. The matter is pending before the DoPT. DoPT has taken nearly a year to decide on the issue.

Many of the affected officers had gone before the Hon’ble Tribunal for implementing the decision of the DoPT in the case of Shri R. Chandrashekaran and obtained orders in their favour. The same is pending implementation because of want of clarification from the Ministry.

The stand of DoPT has varied over time depending on the severity of the austerity measures in place and their decisions are not based on the merit and contrary to the spirit of the scheme.

The Ministry will now have to approach the Chennai High Court in the matter and place before them the decision of the DoPT so that the Chennai High Court can decide on the matter.

As regards to the Kolkatta CAT decision dated 28.04.2016 in OA No. 351/00195/2014, the DoPT very promptly issued OM dated 17.05.2016 denying the benefits of grant of MACP benefits on hierarchical promotional posts.

However, an earlier matter is pending before the Hon’ble Supreme Court wherein the Apex Court has granted stay on the decision of the Hon’ble High Court of Kerala.

The issue of MACP is becoming a bone of contention rather than grant of benefits. Officers are being forced to go for litigations by spending money, time and energy keeping their own work aside. As the senior officers are not affected by the said anomaly, they are least bothered, otherwise by holding a Board Meeting, the issue could have been sorted out and the staff would have benefited and there would not be recovery from the retiring officers.

AGT of Commissioners/Principal Commissioners : The Board has already issued AGT orders of AC/DC and JC/ADC last week. The AGT orders for Commissioners and Principal Commissioners is likely to be issued tomorrow.

Visit of Chairman to Mumbai : The Chairman, Shri Najib Shah is scheduled to visit Mumbai.  On 21-May-2016, he will be releasing a Survey Report on air passengers, prepared by Welingkar Institute, Mumbai, at the in-house auditorium, Customs House, Mumbai. He will also be addressing the senior officers of the Department.

More in the next blog...

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